Section 88.28. Restricted eggs.

 

(1)   Prohibition against sale of restricted eggs.

(a) Except as provided in par. (b) ,no person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation any restricted eggs, and no egg handler shall possess any restricted eggs or use any restricted eggs in the preparation of human food.

(b) Egg producers collecting eggs from a flock of more than 3,000 laying birds shall only sell, transport, possess, or use restricted eggs in compliance with 7 CFR 57.100 of the federal egg products inspection act. Egg producers collecting eggs from a flock of 3,000 or fewer laying birds shall:

1. Sell no more edible restricted eggs than the amount allowed by the tolerances in the official standards for U.S. Consumer Grade B shell eggs.

2. Sell checks and dirties only on the premises where the eggs are produced directly to consumers for use by the consumer and the consumer's non-paying guests.

(2)   Disposition of restricted eggs. Egg producers collecting eggs from a flock of more than 3,000 hens shall dispose of restricted eggs in compliance with 7 CFR 57.720 and maintain records as required in 7 CFR 57.200 of the federal egg products inspection act. Egg producers collecting eggs from a flock of 3,000 or fewer hens shall dispose of restricted eggs by:

(a) Shipping checks and dirties directly or indirectly to an official egg products plant for processing.

(b) Crushing and placing loss and inedible eggs in a container containing a sufficient amount of approved denaturant or decharacterizing substance, as approved the department. The denatured and decharacterized product shall be labeled "Restricted eggs. Not to be used as human food."

(3)   disposition of packed eggs exceeding restricted egg tolerances. Eggs which are placed in a package for the ultimate consumer and which have been found to exceed the tolerance for restricted eggs permitted in the official standards for U.S. Consumer Grade B eggs under U.S. standards, grades, and weight classes for shell eggs shall be identified as required in ss. 7 CFR 57.800 and 57.860 and shall be:

(a) Shipped directly or indirectly to an official egg products processing plant for proper segregation and processing; or

(b) Regraded so that they comply with the official standards; or

(c) Designated for animal food after being denatured and decharacterized and labeled "Restricted eggs. Not to be used as human food."

History: CR 14-037 : cr. Register April 2015 No. 712 , eff. 5-1-15.